other students and the girl's mom says she's having night nairs. there is he' the paper gun and looking at enrolling here in another school. >> a bit after overreaction. >> thanks for joining us. >> "america live" is starting right now. >> megyn: fox news alert. big drama on capitol hill over a plan that could dramatically change the rules in the senate and give even more power to the majority party, right now the democrats. welcome to "america live." i'm megyn kelly. yesterday we told you how majority leader harry reid has given republican minority leader mitch mcconnell a ult m may-- ultimatum, change the rules or the democrats will do it for you. the original deadline appears to have come and gone, but we're hearing reports that a deal could be in the works. now shall the filibuster is one of the few tools republicans have to make their voices heard in the senate. the minority party, i should

say, some day the shoe could be on the other foot and some believe that giving it up would be dangerous for both sides. doug has more, doug? >> docks news confirmed that reid and mcconnell struck a proposed deal on filibuster reform and they're looking at the proposal and if there's widespread approval, we can see as early as today, some point this evening. big news about this proposal, it does not invoke the so-called nuclear option by which the majority on the senate could simply steam roll through the legislation, the legislation through the body with only a simple majority vote instead of the 60 vote threshold they've long held. instead the proposal will end the quote, motion to proceed, the process that requires the majority party to garner 60 votes to bring a bill to the floor for debate. and a that procedure has effectively allowed the minority republicans to block the democratic bills. in return, we're told republicans want a big

concession from democrats and harry reid assured republicans that he will allow them to offer two amendments to any bill. and that's important because republicans say they only block bills because reid typically refuses to allow any amendments. and he'll continue to allow a filibuster at the back end of gee bait. now, the apparent agreement may put an end to countless confrontations between reid and mcconnell over the threat of the nuclear option and disappoint the liberal wing of the democratic party and see it as a way to rapidly push the president's agenda through the senate. but it will please moderates of both parties who appear sweeping changes to the rules or as thomas jefferson called the ruleses cooler saucer to the house's tea cup. and the bottom line democrats probably want more than the republicans but it is a compromise, back to you. >> megyn: interesting. all right, doug, thank you. we're also watching a developing story on capitol

hill where several high profile senate democrats unveiled sweeping new legislation this morning to ban assault weapons. senator dianne feinstein who wrote the original law that was passed in '94 and expired in 2004, is leading today's charge. she, along with other senators, even displaying an array of assault weapons that would be banned and they brought props. senator feinstein arguing why is she believes there's a need for this ban. >> since the last assault weapons ban expired in 2004, and incidentally, in the ten years it was in place, no one took it to court. more than 350 people have been killed with assault weapons. >> megyn: no one took it to court because the nra at the time felt the supreme court was not leaning their way on these types of issues. the looks different it the court back then and the court today, there's question, if

the bill would pass, there's question whether it would pass in the democratically controlled senate and whether the nra would feel the same. and on far-reaching rules of this legislation and the hurdles that have be to be cleared before this thing can pass. we're also hearing new questions today about secretary of state hillary clinton's highly charged testimony yesterday about the deadly terror attack on our consulate in benghazi, libya at that took the lives of four americans, including our ambassador. some are suggesting the toughest questions still have yet to be answered or even asked about the deaths of four americans. despite yesterday's separate hearings with secretary clinton whenever she was in the house or the senate yesterday. our chief correspondent catherine herridge is live today at the state department. >> well, thank you, a closer review of secretary clinton's testimony shows a lack of consistency between her statements, and those of ambassador susan rice, and

charlene lamb and what the intelligence community new at the time of the attack. said the review board or arb that investigated benghazi. >> arb makes clear after months of research, the picture remains still somewhat complicated and i say that because in the unclassified arb it is -- i quote key questions surrounding the identity, actions and motivations of the perpetrators remain to be determined. >> reporter: listen to this interview with the head of the house intelligence committee also receiving high intelligence briefing like mrs. clinton, he told fox, pardon me, on september 12th, less than 24 hours after the attack that it was terrorism. >> it was a coordinated military style commando type raid that had both direct fire and indirect fire, military movements involved in it. this was a well-planned,

well-targeted event. no doubt about it. >> reporter: according to a transcript of an october 10th hearing before the house governmental affairs committee one of hillary clinton's subordinates charlene lamb said they listened to the attack unfold with agents on the ground and yesterday mrs. clinton made no mention of that fact. >> at any time did you see the initial attack on a monitor or the president. >> congressman, there was no monitor. there was no real-time. we got the surveillance videos, some weeks later, that was the first time we saw any video of the attack. >> reporter: now, while ambassador rice told nbc news in december when she withdraw from consideration for secretary of state. she suggested she secretary clinton she was on travel. >> and i have to confess going

on sunday shows is not my favorite thing to do. there are other things i prefer to do on sunday mornings and i haven't been on a sunday show in way over a year. >> reporter: one of the central questions was not requested yesterday, megyn, and that is where did the idea for the anti-islam video originate. come from in the first place? this may well go down as a very significant missed opportunity into understanding what really happened in the first day after benghazi. >> megyn: absolutely, you listen to the senators and it was statement after statement. it's like you've got the secretary of state sitting right there. why don't you ask her something. all right, catherine, thank you so much. >> reporter: you're welcome snoot white house yesterday took questions on the secretary of state and the vice-president, and that is because there is already growing speculation that vice-president joe biden may seek his boss' job in 2016 and so may our outgoing secretary of state. and wouldn't that be interesting? where would president obama line up? who would you back if you were president obama? well, white house press secretary jay carney yesterday

side-stepped a question over who has the better legacy, mr. biden or mrs. clinton. >> those kind of assessments, i think, i'm sure made repeatedly in the future, those two individuals. i think for the sake and sanity of all involved, it's worth taking a little bit of a break from presidential ewilkes year politics. >> megyn: oh, it's like he doesn't know us as all. (laughter) joining us now our fox news digital politics editor, host of power play on foxnews.com, chris stirewalt. the reason we ask as the press, we hear that the potential candidates are starting to stir the pot a little, including vice-president joe biden, who had a little get together recently that looked a lot like the possible launch of a campaign. there are reports in politico

saying he's intoxicated by the idea of a run. the ap reported that joe biden is stoking 2016 chatter. so, it's not just us, chris. >> no, he's done everything he can to try to encourage people to think that. in fact, you recall during the campaign when he went out to new hampshire, he was extra friendly when he was up in new hampshire, so he's made no secret that he's considering this, that this is out there. and maybe he's doing it because he wants to be listened to and taken seriously, but i take him at his word that he's probably -- that he's exploring, testing the waters out there. you know, the democratic field is going to be a very interesting one because with an incumbent president, if hillary clinton wants this, all the polls say that she can have it, but the poll said that to her once before and then she got upended by barack obama. he so, there you've got biden, another one you have to consider is andrew cuomo, the governor of new york and the

best indication for cuomo and biden of their interest, they've been pushing very hard on this issue of gun control and gun bans because that's total red meat for the democratic base. so, it's already ginning up. >> megyn: before we move on to hillary clinton, i want to get to her next, joe biden first ran for president in 25 years ago, and run repeatedly. the reason he got connected with barack obama because he was against barack obama for presidency, and the man has wanted to be president for a quarter century and he's within of it. and he's a vice-president and see the beautiful house and great stuff that barack obama gets to do. the service he gets to give to his country and what is the odd this has diminished his appetite for the job? >> zero, the other things, the democrats didn't like biden much before as evidenced by two failed presidential runs in the past and now had he love him. uncle joe, says the stuff they wish they could say, remember that debate with paul ryan, he was grinning and snarling and

grabbing and snap, they love that. the democratic base loves that and what we can expect from the party and what they'll want in 2016 as the president laid out clearly in his inaugural address, this party is going left and they're going to want somebody who gives the base, who fires them up. >> megyn: what does barack obama do if hillary clinton and joe biden contend against one other in a democratic primary? >> hide under the desk. no, the truth is that he's got a big piece of power in this, which aside from his endorsement, he's got the list, massive electronic data base, he has their organizers, everything, the campaign that was in effect for basically five years. and they can turn a lot of that back on. so what he'll do, i would suspect, as hillary is out there, in order to keep her from grousing about him or saying things that make him look bad on foreign policy, he's going to hold out as long as he can and say, look, everybody behave themselves and play nice with me and at the end maybe i'll let you

have the big list. >> megyn: and he'll try to withstand the pressure to make an endorsement as long as possible. i don't know, i think it's tougher when one of the people is the man you selected as your vice-president. yes, she's secretary of state, but vice-president, air telling the world, he could be president. i'm telling you, feel comfortable with the thought of him being president, god forbid anything happens to me and tougher to turn around and say, actually i liked her better. (laughter) >> he'll have to hope that joe biden will hold off longer. >> megyn: we'll find out. thanks, chris. >> you bet. >> megyn: we're learning more today about a new pentagon plan that lifts the ban on women in combat. wow, this turned out to be controversial. getting a lot of strong reaction to this and up next, we'll have some new concerns with the debate. and arrest and murder from the city of brotherly love, the frightening motive for the death of this bright young doctor. and supporters may be suffering the most under is had leadership, why union

roles are the lowest level since the 30's and how the president may share some of the responsibility. we'll talk about it. .so as yos customer satisfaction is at 97%. mmmm tasty. and cut! very good. people are always asking me how we make these geico adverts. so we're taking you behind the scenes. this coffee cup, for example, is computer animated. it's not real. geico's customer satisfaction is quite real though. this computer-animated coffee tastes dreadful. geico. 15 minutes could save you 15 % or more on car insurance. someone get me a latte will ya, please?

>> well, the dawn of a new era for the u.s. military today as the pentagon decides to allow women in combat roles for the first time ever right up at the front lines. what might seem like a simple step forward for equality has touched off a huge debate. the ceo of concerned veterans for america, he is here to explain. pete, welcome back. you've done tours of duty. how many have you done and what role did you serve? remind us. >> three, guantanamo bay, i was an m-2 platoon leader and afghanistan i was a counter insurgency instruct eall in the infantry. >> it's going to make the guys

on the ground, the squads and platoons, make their job difficult, it's not the mental capacity or psychological capacity of females, there are so many women that serve with honor, and valor. it's job of our war fighter to close with the enemy, and win against our enemies and how does this move the ball down the field. how many squad leaders were consulted. >> megyn: let me stop you, how is it problematic? explain specifically how it's problematic. >> sure, first of all, you've got a physical differentiations between men and women. >> megyn: explain that. >> well you've got-- >> i'm only kidding. listen, i do want to stop you there. i do want to stop you there. >> body armor, heavy weapons. >> megyn: and men tend to be stronger than women naturally by logically. they seem to be saying if they can reach an accommodation, the women don't get in unless they pass the physical standards that the men do, no exception the women have to be

just as strong, just as fast. >> sure. >> megyn: then are you okay with it? >> so, now how these things usually work in integration happens. if it doesn't happen fast enough what do you do? start to lower the bar or impose quotas, one or two women per company, per battalion or lower the standards a little bit on this particular aspect, and so if they can do the job, that's a whole other question, but gets into dynamics and that's the first part. the second part the dynamics within a platoon, in the squad, men in the dirt day after day, and as a platoon and squad leader, don't want to deal with ceilings towards mary and decorum breaks down, you're in an environment of you know, in the dirt, fighting an enemy, passions, that's another complicated factor there? >> let me stop you there, now that we -- we've had gays serving in the military sometime don't ask, don't tell. that's been reversed, but you know, and matt may have been having feelings for mike for a

long time in the fox hole and the military has been doing okay. if you introduce women in there and you know, straight men start to have romantic feelings for female, you know, platoon mates or vice versa how does it change anything. >> that may well be the case, but there are a lot more matts having feelings for mary. and where those feelings are amplyfied or complicates the situation that-- >> let me jump in. you're trained, you're professionals, you're not monkeys, you may have the feelings, but you may control the feelings. >> when your r-you've been out in the field for 30 days without a shower and going to the bathroom in front of the guy in front of you. >> megyn: i'm thinking that mary doesn't look so good. >> that's ease toy say from the air conditioned studio here and new york time editorial board is going to log this equality, how it it gets implemented becomes the difficult time. what's bad, why does panetta drop this on the desk today on

the way out. i don't think it says a lot about him or about how to get implemented. he's leaving it it to them to figure it out and i want to know how this came about and how many first line leaders in combat roles were consulted about the efficacy of this. >> megyn: the joint chiefs recommended it, joint chiefs of staff recommended it to him not the same as talking to the guys out there now. i want to give you a chance, i have been interrupting you to make a point because we don't have the other side. how would the dynamics change. maybe they'll experience because it's now starting and 30 years from now, that will be under control. it will be just like, of course women are going to be out here. >> well, megyn, as we saw yesterday in the hearing about lachlan air force base, the military has a not so secret problem with sexual assault and things that happened with women in the military. an open secret that has not been figured out. before we address that and figure it out, why are we opening up something that we don't no how to control or implement. >> megyn: you know the answer to that you can't keep women back from advancing in the

military and positions they want because some bad apples are sexually assaulting them. >> sure, but you shouldn't be doing that just under some moniker of equality. because equality is the end state. the end state of the military is not equality it's the ability to fight and win wars and i question the reason this is being in advance, like many thing this it administration advanced. >> megyn: and how much pressure do we have on. don't ask don't tell, possibly possibility major defense cuts and how much pressure on the military to perform in changing circumstances. >> and a lot, and chuck hagel seems to be okay with sequestrati sequestration, there's a lot of questions in the military and we need bold leaders who are going to set a straight course and focus on fighting and winning wars is what we're compelled to do. >> megyn: thank you for indulging me, as somebody who has never put on a uniform. didn't have the other side here today so i appreciate it. >> no problem.

>> megyn: all the best. thanks for your service. up next, growing concerns that american ingenuity is being sold to one of the country's top competitors. and china could get their hands on designs for military application. so...how'd it go? well, dad, i spent my childhood living with monks learning the art of dealmaking. you've mastered monkey-style kung fu? no. priceline is different now. you don't even have to bid. master hahn taught you all that? oh, and he says to say (translated from cantonese) "you still owe him five bucks." your accent needs a little work.

starts with arthritis pain and a choice. take tylenol or take aleve, the #1 recommended pain reliever by orthopedic doctors. just two aleve can keep pain away all day. back to the news.

>> an update now on story we first brought to you yesterday. a community banding together after vandals burglarized the home of a disabled world war ii veteran. 93-year-old albert wood returns from a doctor's appointment in houston on monday to find spray paint all over the walls, furniture, tv you name it. police arrested two teenagers. fox news now obtaining this video showing the local marines helping repair the home on tuesday. good for them. [applause].

a local business donating new furniture to the cause and this is great. the teen's father, meantime, the of the perpetrators saying he would like the boys to help with the cleanup and good for him, too. ♪ thank you for showing us what the recovery dollars are doing in this a-13. a-23 is really the division of what we had in mind in the recovery act. a reality for local workers and for our economy, through hard work, brilliance, dedication and advocacy. >> megyn: well, that was then speaker pelosi back in 2010 picking up the cutting edge technology at a u.s. battery maker that ended up getting a lot of support from american taxpayers, and you can hear she files optimistic about it and now the company declared bankruptcy and now we're hearing a sale to a chinese

company with deep ties. >> and a-123 makes electric car batteries and 249 of surplus money in 2009. the reason they filed for bankruptcy was slow sales of electric cars and two, the batteries did not perform as expected. while the batteries themselves have issues, the battery technology used by a 123 is golden. initially by the jet propulsion lab. the technology will play a role in other things like how electricity is generated and distributed in our grids nationwide, and can also be used for powering satellites and military drones. now a chinese company is in the process of a-123. and headed by a billionaire with close ties to the chinese

party. and president obama just spoke about keeping advanced technology in the united states and now lawmakers are hoping he's true to his word. the tennessee congresswoman, republican marsha blackburn said, i'm quoting here, if the president is truly serious about his pledge to the american people then he has no option, but to block the sale of 123. this is not a partisan issue, but a clear-cut issue of national security that's closely watched by the defense community. now, to ease concerns, they say they'll only buy the civilian arm of a-123, not the government wing, but critics point out the technology is the same in both. the committee on foreign investment could block this deal, megyn. but historically that committee is very, very reluctant to do that. >> megyn: wow, all right, trace, thank you. >> reporter: yep. >> megyn: well, an outburst from the secretary of state yesterday in these hearings reigniting an old debate over the terror attack in libya.

why does it matter she asks who killed the four in the consulate-- that's not what she asked, she asked why does it matter why they did it. up next we'll debate why and why it matters. and the u.s. membership is the lowest since the 30's in the union, we're hearing that could be some of the policies and that couldble the president that the unions help put in office. coming up. a viral video leads to an f.a.a. investigation. the stunt pilot is no stranger to airborne accidents. ♪ highway to the danger zone ♪ ♪ take it it right into the danger zone ♪ i'm up next, but now i'm sging the heartburn blues. hold on, prilosec isn't for fast relief. cue up alka-seltzer. it stops heartburn fast.

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>> well, new developments in the brutal murder of a pediatrician in philadelphia that's gaining national attention. police say is a suspect has now confessed to the crime. he says he killed 35-year-old melissa after she was found in her apartment on monday. and police say she was strangled, bound and burned beyond recognition, jason smith, he's an exterminator who was dispatched to the doctor's home after she called for service. smith told investigators he killed her, reportedly, because he felt like she

belittled him while he was working at her home and if that's not disturbing enough smith told police after he killed her, he went straight to another job in new jersey and this is one of the reasons, ladies, why they say, whether you're married or single, you should not call for outside contractors to come into your home if you are going to be there the only person there alone. it is a word of precaution that we should all consider. and you know, it's probably a good advice for men, too, but especially young women need to at least give that some thought. sad. but maybe, maybe we could save a life. well, it was perhaps the most dramatic moment. ron johnson questioning secretary of state hillary clinton asking her about the administration's initial claims in the wake of this attack that it was simply a

protest over a video that got out of hand. watch. >> we were misled that there was supposedly protests and then something sprang out of that, and this all sprang out of that and that was easily ascertained that that was not the fact. but. >> the american people could have known at that within days and they didn't know that. >> with all due respect the fact is we had four dead americans, was it because avapro test or was it because of guys out for a walk one night decided they'd kill some americans. what difference at this point does it make? it was our job to figure out what happened and do everything we can to prevent it from ever happening again, senator. >> megyn: what difference does it make? jing me now, simon rosenburg, president and founder of a think tank and advocacy organization and also former campaign advisor to former president bill clinton and marc thiessen, a former speech writer for george w. bush. and senator johnson didn't get

a chance to answer the question that secretary clinton asked of him. what difference it make, why the people at the consulate that night, why they were there? >> you must be relieved to learn megyn, that you and katherine herridge and everybody at fox news are wasting your time, it doesn't make a difference how the americans died or whether the american people were misled how they died. this is a scandal not just because four americans were killed, it's not just a scandal because the administration ignored numerous warnings about the growing threat from al-qaeda. it's not just a scandal because they ignored and denied ambassador chris stevens' request for more security or didn't have forces in place to rescue them. it's a scandal for repeatedly an extended period laid the blame on a youtube video when any person watching events unfold know that wasn't the case. congress has a right to ask these questions and a responsible to ask these questions and secretary clinton has a responsible to answer them and not storm off

in outrage. >> megyn: simon, reading the press today in response to that moment, that was the big moment yesterday, you know, the most dramatic moment he we saw, but one that jumped out of me eric whipple of "the washington post" and let me say he's not a fan of the fox news channel and tends to be a defender of the administration and he writes about this moment saying it absolutely does make a difference, that's secretary clinton saying, the trustworthiness of the events and even the early one makes a difference whether it was hard core terrorism or spontaneous attack or something else, that makes a difference, too, with strong implications for intelligence accountability. your thoughts. >> well, i think you know what i'm going to say, megyn, but i think that i agree with secretary clinton on this, and the reason why, and i've said this on your show many times, is that the administration didn't mislead anybody and the assertion that they have, i think, is just false, and the

reason why, is what susan rice said five times on the air, you can go look at the transcripts, she said they were violent extremist militants who conducted these attacks. what there was confusion about, whether or not there were protest ands thousand happened, but there was no confusion about ever, any administration official during any point during the course of this. the nature, it was violent extremists who conducted the attack. that's what matters and what they got right and there was some confusion during her tv appearances whether there were protests or not. at that moment, remember, in dozens of cities throughout the middle east, there were protests and reasonable to think-- i thought she did a great job yesterday. >> megyn: doesn't it matter, mark, even if it's -- even if they were wrong about the protests, if it was a good faith mistake, doesn't it matter whether it was simply a

protest that spun out of control or whether it was a pre-planned terrorist attack meant to get us and building up over months as the ambassador was begging for more security and warning that al-qaeda was on the rise? i mean, the two narratives are very different and would mean lead to a different response by the united states. >> yes, it matters very much. and i will posit simon may be right it wasn't an intentional coverup. but there's a more disturbing possibility was that the administration had bought its own spin that they've been telling us during this whole period that al-qaeda was decimated, they were on the run and killed bin laden and put al-qaeda on the run and it it didn't comport with their narrative that al-qaeda launched an attack that killed an ambassador on september 11th. and president obama said in his inaugural address a tech cade of war cade-- decade of war is coming to answered. they killed four in libya,

three americans in libya, al-qaeda son the rise in mali, in yemen, make ago comeback in iraq. they're nondecimated, they are resurgent and we're in a long-term war on terror and we need to treat it as such and this administration's paradigm much withdrawal and retreat does not comport with reality and they could not want to believe what happened to them and were in denial. >> megyn: where was the thing in the the whole thing, simon where the administration-- this could have been put to bed long ago in most circles if they had come out and say let us come clean. we thought it was a protest because of everything you just said, simon, stuff going on in the mideast and egypt and the weeks before. and we were wrong. our intel was wrong, we had conflicting reports. we didn't want to go with the terrorist report because that's saying raising to another level, we weren't ready to do that. we were wrong to definitively blame it on a protest and shouldn't have suggested that before we knew and that's our

accountability to you. now a that we're on the same page we figure out who got to the bottom of it and who did it and what. >> i think they've said that and hasn't been believed. >> megyn: who said that and when, who took accountability and misinformation. >> i'll answer question, i've said it on the air. >> megyn: you don't work for the administration. >> no, no, but they-- (laughter) because they said, they said and clarified about ten days after the susan rice appearance on television, there was a clarification of the-- you just said a lot of stuff and i'm going through quickly. one is that it's important to recognize that the president and secretary clinton the day after the attack used the word terror and they never walked away from the notion that these were terrorists. >> megyn: and then they kept mentioning the video. >> susan rice did not exclude that possibility, what she said was there was protest that was hijacked by extremists and she didn't use the word terror, but it doesn't mean that it wasn't

applicable given that the president and secretary of state had already used it. >> megyn: libya's leader was on the same sunday talk show that she was and said it was a terrorist attack and she pushed back. >> the point is that the -- what she had been told and what the cia had fallen on their sword on this and said they gave her the talking points. >> megyn: i get that, i get that. she's pushing back on the libyan leader saying this is terror, don't sit here and tell me she was out there saying terror, terror, i knew it was terror. she did not say that. >> because there was confusion at that point and i've said this on the air. >> megyn: that's all they needed to say that's the point i'm trying to make and you come out and say confusion, no one's had that press conference. that's not true, megyn, that's not true. >> megyn: who had that press conference. >> at least ten days afterwards the administration clarified repeatedly. >> megyn: you're talking about the dni written memo. >> what. >> megyn: the written memo out of dni. >> they admitted it and secretary clinton and barack obama have all been clear there was not a protest and that this had happened.

>> megyn: where was the press conference where they got to be questioned about it and come clean and back and forth with the press corps. that didn't happen because we were in the middle of at presidential election. >> and megyn, i think as secretary clinton said this has been settled. and senator johnson as john kerry pointed out today didn't know what happened he skipped the intelligence briefing that would have actually given him the answers that he was looking for yesterday. >> megyn: all right, give you the quick final word, mark. >> sure, i used to write these statements at the white house and what you say is, look, we don't know exactly what happened, there are some reports that say it was a protest and other reports is a that say otherwise, here is what we know right now and as we get more details we'll tell you if they had stuck to that basic principle they wouldn't have trouble. they wanted to believe the spin that al-qaeda was decimated, they're not decimated. >> megyn: sadly. thank you so much. >> thank you. >> megyn: up next, serious questions about privacy and the secretary amendment as one lawmaker proposes a plan that would require parents to tell

schools if they own a gun and would punish them if they don't. it's coming up in a little bit. new data showing a sharp decline in union membership in this country are the president's own policies causing this? lou dobbs is next. now? well, i didn't really. see, i figured low testosterone would decrease my sex drive... but when i started losing energy and became moody... that's when i had an honest conversation with my doctor. we discussed all the symptoms... then he gave me some blood tests. showed it was low t. that's it. it was a number -- not just me. [ male announcer ] today, men with low t have androgel 1.62% (testosterone gel). the #1 prescribed topical testosterone replacement therapy, increases testosterone when used daily. women and children should avoid contact with application sites. discontinue androgel and call your doctor if you see unexpected signs of early puberty in a child, or signs in a woman, which may include changes in body hair or a large increase in acne, possibly due to accidental exsure. men with breast cancer or who have or might he prostate cancer,

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and a smartphone... with an e-trade app. ♪ nobody knows... [ male announcer ] e-trade. investing unleashed. >> brand new data showing some of president obama's biggest supporters may be suffering under his policies, at least in terms of their support. union membership has declined sharply over the past year. one op-ed suggests it may be linked to drop in tax and regulatory policies, that discouraged business investment and job creation for all workers, including union workers. lou dobbs is the host of "lou dobbs tonight" and the percentage of union workers, the lowest in 76 years. >> and it's a decline taking place, megyn under president obama whose principle allies and his ground operations are

america's labor unions. the afl-cio service employees unions, the teachers unions, and the national labor relations board which he has stacked with his democratic allies, pro labor, driving the principal agency in charge of relations between business and labor. >> megyn: they've tried to make it as easy as possible nlrb for a company to union, a work force to unionize. why is it? because the companies are hurting and therefore, they dent feel -- the unions don't feel like they could extract what they want from the company, so why bother? >> well, the unions are extracting what they can and it has risen in point of fact. and the extraction takes place really between the union member, the man or woman, working as a member of the union sending his or her dues, which are just about $700 a year, on average. that is the extraction that

matters. >> megyn: they get benefits for the member and the union shops tend to get better pay. >> and they get better pay and a political direction that folks who are not unionized don't have to worry about. >> megyn: because thee spend the money on politics. >> this symbiotic relationship between the unions and the democratic party, local, state and federal government is one of the reasons we have 4 trillion dollars unfunded liabilities for pensions, for health care plans, for these unionized workers in government. 41% of the employees in local government are union workers. it's about 29% for the federal government. just about 6 1/2% in the private sector. and dwindling. and the reason they're dwindling is right to work states are growing. the old organized labor states like michigan, they are diminishing in economic power,

political influence, and in lack of-- as a result, they have a lack of competitiveness in the global marketplace. >> megyn: i want to ask you about this, they say almost half the losses in the union membership, come from midwest, indiana, ohio, wisconsin, michigan. now, michigan just passed a right to work law, right? ohio tried to pass one, but it didn't, it got reversed by the voters. >> indiana. >> megyn: indiana just did it and i don't understand, it's just happened can we really blame all of the decreases, so many of the decreases on these laws? they just happened or about to happen. >> they have occurred, now we're going to see the influence and the impact, because they are recognizing in those states that unions have no relevance. >> megyn: what i'm saying is, if the laws in many of these states either didn't pass like ohio or yet to take effect, then can you really blame the loss in union power on these laws? something's happening in these states, separate and apart from the laws. >> megyn, i'm not blaming anybody, i'm crediting those states that are right to work

in which we are seeing the greatest creation of jobs, the greater of-- >> i'm going to continue with you on the opposite side of the break, there's dangerous sign for the unions and their future and i'll tell you what it is after the break. it works, simple as that. it's a natural source of fiber and five essential vitamins. it's the smart choice for me. stay fit on the inside with sunsweet's amazing juices. but, dad, you've got... [ voice of dennis ] allstate. with accident forgiveness, they guarantee your rates won't go up just because of an accident. smart kid. [ voice of dennis ] indeed. are you in good hands?

>> back now with lou dobbs, host of "lou dobbs tonight" on fbn. remember this in american theater. sally fields playing in "norma rae" and romanticized what could happen of the need, really for unions in the shops that didn't treat their workers well enough and there could be no power for them unless they banded together. that was then, this is now. with these states and yes, they have passed right to work

laws or tried. but the decline in the union membership seems to have pre-dated that. so while the union wants to blame their troubles on these right to work laws, this chronology does not support that. how did we go from na norma rae to this? >> a lot of of what happened, the conscious efforts on the part of big business to get rid of the weight, the burden of very expensive labor, there's no kidding about that. that was an absolute contest that raged over 30 years. it is also the result of globalization. american labor weeded down with these massive benefits-- weighted down with the massive berths for union workers could not produce a product that was competitive. and chrysler twice, and general motors and chrysler rescued under this president. we've seen that trend and also seen the trend where people are understanding, less regulation, lower taxes and an entrepreneurial environment and atmosphere in this country

still works. and that's why the right to work states have lower unemployment rates. they are gaining more jobs, and they are more prosperous than the antiquated labor union-based states. >> megyn: last question, the age group that has the highest union membership is 55-64. the lowest, 16-24, just 4.2% of that age group are in the union compared to 14.9 for the older group. >>. >> think about the joist that group has to make, megyn. they have watched the union, afl-cio embrace illegal immigration, and workers policies without creating jobs. organized labor has no relevance, outside of its political power which is significant we know. >> megyn: i'll bet you 16-24 they never saw norma rae, you've got to be older, blockbuster gone. and lou, thank you. coming up, breaking news, next

on a big story as we learn on the scope and scale of this new weapons ban, just proposed by dianne feinstein in the senate and how we're told it covers handguns, rifles, shotguns next. i've gotine grams of protein. that's three times more than me! [ female announcer ] ensure clear. nine grams protein. zero fat. in blueberry/pomegranate and peach.

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♪ ♪ >> fox into knauss alert. a dramatic development over second amendment rights. california senator dianne feinstein unveiling a weapons ban, tougher and more far-reaching than anything we've seen before. welcome to "america live" i'm megyn kelly. we're getting word of the details on the feinstein proposal. following a wave of support following the school shooting in newtown, connecticut and faces opposition from second amendment supporters on the left and right and listen to the senator earlier today. >> i'm also incensed that our weak gun laws allow these mass killings to be carried out again and again and again in

our country. weapons designed originally for the military to kill large numbers of people in close combat, are replicated for civilian use. today, my colleagues and i are introducing a bill to prohibit the sale, transfer, manufacture, and importation of assault weapons and large capacity ammunition repeating devices that can accept more than ten rounds. >> megyn: but that is not all, not all by a long shot. shannon bream joins us live from washington. shannon. >> she acknowledges it's going to be an uphill battle. here is what senator dianne feinstein is fighting for, ban the sale and transfer of roughly 150 different guns, rifles, handguns, specific ones and lower the criteria for classifying something as an assault weapon and numerous

bans on high capacity magazines, and the not only on the guns, but also for the sale of ammunition, including his proposal that retailers would have to report anyone who bias a certain amount of ammunition to law enforcement authorities. the factors of this bill say it it does nothing to chip away at legitimate second amendment rights. >> we have tried to recognize the right of a citizen to legally possess a weapon. no weapon is taken from anyone. the purpose is to dry up the supply of these weapons over time. therefore, there is no sunset on this bill. a number of participants in today's press conference say repeatedly, if this measure was already law, the children in the newtown massacre would likely still be alive, but a lot of folks disagree with that noting that just about every action the shooter took

leading up to and including in that day was already banned by current law. a nra spokesman told me the organization is all for better enforcement for what's already on the books saying you didn't make something more illegal than it already is. also, questioning the need for a data base of the legally owned guns, telling me this, quote, there is no need for a registry of law-abiding gun owners. so the measure pulls together a number of things that president obama proposed and could put senate majority leader harry reid in a difficult position, a long time gun advocate, and says he may allow this to go to a vote and an amendment process, could wind up watering it down before it it gets to the house, megyn. >> megyn: now we have the full force of the president's reelection team, no less, out there pushing for support for this and other measures that are backed by the white house. and they are targeting democratic lawmakers in particular who are not on board yet with the dianne feinstein proposal, but would like them to be, so anything could happen. i want to ask about something

we saw earlier when dianne feinstein unveiled this proposal. she had props, you know the pictures of these guns, they look like pretty serious weapons, there are no handguns or rifles there, correct? >> well, now what? we actually just got a listing of the specific weapons that were there from our track senior capital hill producer. he was able to get us a list of the weapons and it does seem to include some handguns and rifles and shotguns although primarily what you could see in the shots were not those guns, the small handguns and those things. what you could easily see at the press conference was something that could be judged to be more readily viewed as an assault weapon because of the physical characteristics of the gun, but as i noted here, this law that feinstein is now proposing, would actually lower the fresh hold for how you look at a gun and decide it had enough characteristics and under her lot, one physical

characteristic that-- any that has a magazine and one military characteristic, she wants to ban. >> yeah, there are so many technicalities here, but to look at the technical language here, something that's judged to be an assault weapon, a folding or tell scopic stock, a pistol grip, bayonet mount, or flash protector. and in the past it would have to have multiple care ris particulars, this new weapons ban would be tougher. >> megyn: sure would, significantly tougher. thank you, we will have a fair and balanced debate about this and you know, right now, they say they don't have the vote for this the democratically controlled senate. that doesn't mean the thing is going nowhere. when you put together jim messina and david axelrod and stephanie cutter, the people who helped get barack obama elected twice and say now we

want this passed which is what's happening, anything can happen. is that a good thing? or not? we're going to have a fair and balanced debate on this legislation and what it would do if passed coming up in just a bit right here. >> an economic recovery has begun. america's possibilities are limitless for we possess all the qualities that this world without boundaries demands. diversity and openness, endless capacity for risk and a gift for reinvention. >> megyn: the president on monday tried it to sound an optimistic tone when it comes to our economy, but after crunching the numbers some economists say we are now in the worst recovery in american history. meantime, the new survey finds that 72% of those polled believe that reducing the budget deficit should be a top priority in this country, and that's a jump of nearly 20

percentage points from just four years ago. and melissa francis is the anchor of "money with melissa francis" on fox business network. she's with me now. from what i get from that, you're the money gal. they care and care more than they ever have reducing the debt and the deficit, the people, but the president said we're in a recovery, and yet, the economists say, wa, wa. >> it's the worst recovery ever and this isn't subjective. these are numbers, this is coming from the st. louis fed and what they're doing, they're tracking gdp growth from the the bottom, which was the second quarter of 2009, and they're-- >> like the output gdp. >> yeah, it's-- and the goods that we are producing and selling around the world. what we're making as a country. and it has gone up at the slowest rate ever, there was the worst recover ever, average, and in the middle and now we're completely below the range. so this is officially the worst ever and banks are putting out data that's the

same, but it's not a partisan thing, it's just the fact. >> megyn: why? >> and people-- >> that begs the question why, why is the recovery so disappointing? >> well, it's not for lack of trying. i mean, you know, they point to the federal reserve and everything they've done to try and spur the economy and make money loose around the country all of that kind of stuff, going to help with housing and jobs, but just getting money in the system was going to fix the problem and all that's done is juice the stock market. if you look over the same period of time, the stock market has bounced all the way back. i mean, the s&p 500 right now is back to where it was in december of 2007. kept your money in the market-- >> there you go, you made it back, you can't say that for jobs, you can't say that for housing, house values aren't back to where they were in 20 2007. the only thing you can talk about is the stock market and unfortunately, more than one in four americans took money out of their 401(k) to try and deal with the problems they were having with their mortgage being out of work, sending their kids to school.

while the wealthy caught back up because they left their money in the market, the average person is further behind than ever before. >> megyn: all right, is this the worst recovery than we saw after the great depression. >> ever. >> megyn: truly ever. >> ever. >> megyn: they talk about the reagan recovery and huge growth and didn't take long and so on. what are the differences and key things that reagan was doing that barack obama is not? >> i mean, people have all kinds of different opinions about that, they say it has to do with the tax environment, about having businesses feel free and not worried about risk out there. you know, he when i talk to ceo's, i talked to one recently, doesn't want to be named, said he feels like he is getting pistol whipped by the government every time he turns around, you know, whether it's tax policies, regulations this or that, makes him very conservative about expanding his business, opening up new outlets, new branches, whatever, and about hiring people because you just fear what's coming ahead. it's hard to put your finger on exactly what's different.

>> megyn: and to take big risks. >> absolutely, when you see what's out there. no matter how you slice it, it is officially now, according to the st. louis fed the worst recovery ever. >> megyn: congratulations, we're number one, [laughter] >> right i'll come back with better news next time, i promise. >> megyn: tune in with melissa francis. >> she's look dazzling, a great show. >> thank you. >> megyn: coming up a decision by a judge to overthrow a law that would have blocked sex offenders from using social media sites frequentedly children. not all, not all, just the ones the children like and the 7th circuit court of appeals threw that out no, we have to protect the sex offenders. really? kelly's court investigates. the unbelievable story of five orphans who got a second chance. love this story, an american family received what they thought was an e-mail scam about the plight of four children and turned out they really did need the help and

wow did this family step up to the plate. >> and senator rand paul at the benghazi hearing, if he were president he would have fired secretary of state hillary clinton in the wake of benghazi. we'll ask whether the senator went too far. >> had i been president at the time and i found that you did not read the cables from benghazi, you did not read the cables from ambassador stevens, i would have relieved you of your post. can cause cramps. but phillips' caplets don't. they have magnesium. for effective relief of occasional constipation. thanks. [ phillips' lady ] live the regular life. phillips'. of green giant vegetables it's easy to eat like a giant... ♪ and feel like a green giant. ♪ ho ho ho ♪ green giant

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>> new legislation being introduced in missouri requiring parents to notify schools if they own a gun. missouri state senator maria chapel-nadel filing the bill in the wake of the newtown shooting. if it's approved, a parents or guardian who fails to report their personal firearm to the school would face a $100 fine and penalized if they fail to

stop their child from having a firearm. stating if the child or kills another person with the weapon, stolen or unsecured, the child could face felony charges and time in jail. new fallout today from a controversial moment during the senate committee hearing on benghazi yesterday. senator rand paul raising eyebrows and some tempers when he criticized secretary of state hillary clinton for a failure to lead going so far as to say he would have fired her. >> i'm glad that you're accepting responsibility. i think that ultimately with your leaving you accept the culpability for the worst tragedy since 9/11 and i really mean that. had i been president at the time and i found that you did not read the cables from benghazi, you did not read the cables from ambassador stevens, i would have relieved you of your post.

>> megyn: some democrats reacting furiously to that moment. senator barbara boxer of california said she had to leave the room, she was so angry. michelle malkin is it a columnist and fox news contributor and she thought that senator rand paul was way out of line and on a lesser note, in terms of lawmakers anyway, but he's a well-known journalist, carl bernstein was on another network today of woodward and bernstein fame calling rand paul and those who are giving the tough questions pygmies, political pygmies saying they're partisan tormenters and calling this a witch hunt. your thoughts? >> well, rand paul may have raised eyebrows and raised a lot of frowns among the left and the democrats on this, but i think among tea party conservatives he raised a lot of hopes and a lot of gratitude for doing what he should have done out there, and i think there was a feeling that among a lot of republicans, unfortunately,

they had joined in on what turned out to be a beatification of st. hillary or a christening of her 2016 campaign rather than an opportunity to ask real questions and get really answers. what was his sin? what did he do that was so blasphemous in d.c.? he didn't accept the beltway version of accountability. apparently if you declare you're taking it, you're taking it. he simply explained that had he been in a position to exact some real sense of accountability, she would have lost her job, which unfortunately, she didn't, and neither did many of the underlings who sort of did the dance of the lemmings behind the scenes. >> megyn: part of the problem for senator paul and the way people have reacted. there were so few substantive questions and exchanges with the secretary yesterday the question almost comes at you

from over here. and the point he was trying to make and he went on to talk about it later was to say, look, this is a quote, by anybody's estimation libya has to have been one of the hottest of hot spots around the world. not to know of the request for more security, really, i think cost these people their lives. she is saying she never saw the request. their lives could have been saved had someone been more available, had someone been more aware of these things, had someone been more on top of the job. >> yes, look what the left is trying to do now, of course, they're trying to personalize it, amake it all about rand paul. you have these liberal journalists looking down their nos playing the chicken hawk card, who is he to play the vaunted hillary clinton and her foreign policy experience to do. what kind of foreign experience did rand paul have, about as much as barack obama did in 2008. this is not about rand paul and in fact, the kind of questions and concerns that he were raising were the exact

ones that all of the whistleblowers who brought in controversy out into the open in the fuirst place many months ago and many months before those four americans died. >> megyn: they tried to get into her with the fact that, some of the republicans did, no one had been fired and she told them that four people lost their jobs. now, that's not true. four people did not lose their jobs. one person lost a title, but is still employed by the state department and three others placed for a time on administrative leave, which is paid vacation. but did not lose their jobs in any way. and so rand paul was trying to get to whether the top dog at the state department, the person in charge should have lost hers. why is the mere question so offensive to the, you know, bernstein, he's a pygmy, a partisan tormenter? >> yes, that's exactly on point, exactly what rand paul was trying to say and what i mean by the dance of the lemons and the way that

washington does business and the reason it's so offensive to spell it out in blunt terms, the reason why rand paul is so popular among the tea party movement because he does not. he hasn't been assimilated by the borg in d.c. what real accountability is. and the buck stops here bravado is the phrase that my colleagues at hot air.com used and buck stops here bravado where they proclaim they're all about leadership and all about taking responsibility when all they have to do is sort of declare it and then not have it suffer any consequences which of course, the only people who suffered consequences from the negligence are the people who are dead. >> megyn: what's interesting to me, hillary clinton is no shrinking violet, she can take care of herself. she can handle it fine she doesn't need carl bernstein to protect her or barbara boxer on don't stop to think how it looks to be so intig nent thdig

this strong politician took this. michelle malkin. and the scope and scale of this new weapons ban just proposed by the senate, it's a you bit more expansive than we were told it would be. and up next, why we're hearing complaints today that a new lego "star wars" set is teaching children lessons in racial stereo type. [ loud party sounds ] hi, i'm ensure clear... clear, huh? i'm not juice or fancy water. i've gotine grams of protein. that's three times more than me! [ female announcer ] ensure clear. nine grams protein. zero fat. in blueberry/pomegranate and peach.

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>> oh. there's a detonator. >> oh, oh. >> ♪ of >> does a week go by on "america live" without a reference to that movie. i need to watch it again after 30 years to fresh up. and it's still relevant. jabba the hut shown there, one of thes best known villains from the "star wars" saga. complaints after lego releases a "star wars" set that some say is teaching children racial stereotypes. >> reporter: it's behind the mosque which is istanbul's

most revered. after being turned into an a museum. there it is. a one said his nephew got the lego's at a gift and the uncle was stunned how much it resum believed the mosque. and they put up a picture of jabba's place on the website and pointed out the similarities not just offended by the building, mind you, but by the characters who frequent the building and i'm saying the terrorists, jabba the hut likes to smoke and have victims killed and it's clear the ugly figure jabba and the scene smacks of racial prejudice and vulgar insinuation of asians and orientals with deceitful and criminal personalities a crimes commit there had include terrorism, slavery, murder, sacrifice and the turkish community wanted to lego to apologize. instead lego issued this statement saying, quote, the lego group regrets that this

product has caused members of the turkish cultural community to interpret it wrongly, but point out that the design of the product only refers to the fictional content of the "star wars" saga, which means for now, jabba, his palace and cronies will stay as they are. >> megyn: i'm sure we'll have some related follow-up next week. trace, thank you. >> reporter: we will, okay. >> megyn: well, a federal judge -- i should say a federal court of appeals one level down from the supreme court just issued a ruling allowing convicted sex predators to peruse the same social media sites where some of their young child victims are found. indiana tried to pass a law saying that's not allowed. you've been convicted of sex offense against children, no. it was reversed. what's up with this. i'm going to take a look at kelly's court. a half dozen senators today introducing a new assault weapons ban said to be tougher

and farther reaching than the one from the 1990's, including a national registry for certain ammunition purchases, a national registry for people who lawfully own guns already. we'll investigate next. ( bell rings ) they remind me so much of my grandkids.

wish i saw mine more often, but they live so far away. i've been thinking about moving in with my daughter and her family. it's been pretty tough since jack passed away.

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degree mark. while northern minnesota is seeing some of the coldest temperatures in the country at 27 below he zero. even in new york, famous fountain in bryant park more looks like an ice sculpture, look at that, pretty, but wow. the bigger story for those in the freezer may not be how cold it is, but how long the cold may stick around. our chief meteorologist rick reichmuth has that lovely news, hi, rick. >> yeah, cold for a day or two, not that bad. cold for a week makes a big difference and that's what we're dealing with. take a look at where the cold is, minus 2 in fairbanks right now and zero in fargo. you don't generally see that. the jetstream has taken a big deep around the northeast and in the fnt colder air to the north and warmer air to the south and where those two met the strongest winds and highest levels of the atmosphere and that's generally our storm track and that's where we have the cold air bundled right here. there's going to be some changes and we're going to start to see by the weekend, a

slight change here going toward the day next tuesday and wednesday and we start to see a big tip in the west and cold air to the west and warm things up here across areas of the east, what does it mean for people who have been suffering? here is today's highs, everybody in the 10, teens, 20's, tomorrow little bit improvement. towards the day on saturday and colors improve and everybody back into the upper 20's and still very, very cold he. we'll see some 30's and 40's back here by the time we get towards the day on tuesday and wednesday, megyn. and then we'll see the cold come back again. it's january, we're going to see this kind of active flip-flop pattern continue for a while. >> megyn: yeah, it's january, about sums it up. rick, thanks. >> you bet nra reaction to the sweeping gun control introduced. and here is senator dianne feinstein announcing the legislation. >> today, my colleagues and i are introducing a bill to

prohibit the sale, transfer, manufacture and importation of assault weapons and large capacity ammunition feeding devices that can accept more than ten rounds. let me tell you what the bill will not do. it will not affect hunting or sporting firearms. instead, the bill protects hunters and sportsmen by protecting 2200 specifically named weapons used for hunting or sporting purposes. >> megyn: and now the nra response. quote, senator feinstein has been trying to ban guns from law abiding citizens for decades. it's disappointing, but not surprising she's once again focused on curtailing the constitution instead of prosecuting criminals or fixing our broken mental health system. the american people know that gun bans do the not work and we're confident that congress

will reject senator feinstein's approach. and joining me, josh block, former spokeman for the presidential campaigns of bill clinton and al gore. this is more sweeping than what we had in place from '94 to 2004. obviously, there are questions whether this can pass, but i want to ask you, jonah, the things that jump out to me they're going to lower the criteria for classifying something as an assault weapon. this could now, they prohibit semi automatic rifles, handguns, and shotguns that can accept detachable magazines and have one military care characteristic, and under the old ban multiple and now it's one. we start to mess with people's handguns, they get upset. that, plus i want to talk to you about some other controversial ones. let's start there, your thoughts? >> and also, you have to register the grandfather in weapons and you have to -- you have to prove that you're

storing them safely and reminds you, i had a friend in college who had a painting company and unofficial motto, we may be slow, but we're expensive, and it appears to me, a lot of this legislation is intended to create opportunities for more legislation. and to create more opportunities for lawsuits against gun manufacturers. to sort of lay the groundwork for-- for filling in all of the loop hopes in this. as of right now, it's sort of ridiculous. on one of the other networks, they had coverage of us, saying it was big new ban on assault weapons with many assault weapons being exempted and the problem is, the only definiting of an assault weapon is the definition that in the bill, how do you exempt an assault weapon from an assault weapon ban when the only understanding of what an assault weapon is is what it's named in the legislation in the first place. >> megyn: my head is already spinning, but i can tell you this, josh, there are a lot of people out there who are not going to want to lose their handgun because it has a

detachable magazine, semi automatic handguns have, so many, and one military-like characteristic, which is a pretty low threshold for some weapons to meet, nor, nor are they going to want to be reported to have a background check on if they buy a certain amount of ammo. >> well, look, i think there is he' probably a lot of of members of congress who aren't going to want to lose their seats over this issue. it's not clear whether this piece of legislation itself will pass. i think there are four different versions of gun control legislation we're likely to see come out of the senate before the house acts and which of them and which aspects will go forward we don't really know. it's clear that according to a recent poll by "the washington post," 58% of americans support an assault weapons ban and a percentage of gun owning households. and this bill does not take guns away, it says these are guns we shouldn't be selling. the magazine question is an interesting point. some of the ammo is armor

piercing, very, very dangerous and in the way that there are background checks for guns, and by the way, nine out of ten americans support universal background checks, there is a-- >> on guns, on guns. >> right but not on ammo. >> there is no regulation on the buying of ammunition. so this is an area in which people are going to begin to explore that question. >> megyn: and then it goes a step further, jonah, apparently dick blumenthal, senator from connecticut propose that retailers would then have to report to law enforcement anyone who buys a certain amount of ammunition, now, i realize what that's about. you know, somebody looks like they're stocking up to go to war, we've got to be concerned. but there are people in this country who love their guns and buy a lot of ammo and do it for sport and enjoy it and they do it because they want to feel protected in a community that doesn't have a large law enforcement size and so on. and i know, i know these people. we hear from them. they are not going to be happy

about this. >> yeah, they also buy it in bulk because it's cheaper that way. >> megyn: yeah, right. >> and look, i think that a lot of this is -- this is a gift from heaven for the n.r.a., they can look at this and say, see, we told you and i think that gosh is probably right and that dianne feinstein was pretty careful to not make this constitutionally suspect, but it does lay down all of these things that the n.r.a. says, they want to come for your guns and going to give up your rights piecemeal and lists like in australia, cops can come to your house and take your guns if not properly stored. and they're laying down markers, and dianne feinstein is perfectly honest she would like to go farther and this sets up the responsibility for that. >> megyn: the other thing that jumped out at me, josh, you can keeping your gun, so the gun you have now is going to

be banned under dianne feinstein's proposal, you get to keep it grandfather clause, but you'd have to register, a register of your gun and have to be a registry of all law abiding gun owners. n.r.a. already come out and said, or said that that's not, there's no need for a national registry of law abiding gun owners. look, it's going to be hard to catalog every gun we have in america. there are 250 million weapons out there. i don't know how practical that is. certainly, if you sell that gun there will have to be registry or background check on the person buying it. the question on reporting purchases, it's important for when people buy large quantities of fertilizer today, the government has to be notified and there's a check that take place, there are rules in place that go along with some of this commerce and notify when this happens, it wouldn't be that out of the ordinary to do that on weapons, to we're doing it on fertilizer, so, you can understand how that would make sense. >> we'll see, i mean, right now, everybody's saying they

don't have the support for this, in the democratic controlled senate. but, you've got this, the former obama for america team out there pushing for his agenda. and does that turn out to be a game changer? only time will tell. guys, thank you both so much. >> a pleasure. >> megyn: i want to get down to the white house where the president is making an announcement on some minor cabinet appointments we're told. let's take a quick listen. >> good afternoon, everybody. over the last four years i've talked about how shared prosperity from wall street to main street depends on smart, come on sense regulations to protect the vast majority of americans from the irresponsible actions of a few. that's why we passed tough reforms to protect consumers in our financial system from the kind of abuse that nearly brought the economy to its knees. today, there are rules to help families, responsible families

buy a home, or send their child to college without being worried about being tricked out of their life savings. there are rules to make sure that financial firms that do the right thing are not undermined by those that do not do the right thing and rules to end wall street bailouts once and for all. we needs cops on the beat, and that's why today i'm nominating mary jo white to lead the securities and exchange commission and richard cordray, as a young girl, mary jo white was a big fan of the hardy boys. i was, too, by the way. and as an adult she built a career hardee boys could only dream of. she helped to prosecutor white collar criminals and money launderers. in the early 1990's she

brought down john gotti, the head of the gambino crime syndicate and brought to justice those responsible for the bombing of the world trade center and those in africa, you don't want to mess with mary jo. as one former sec chairman said mary jo does not intimidate easily and that's important because she has a big job ahead of her. the sec played a critical role in protecting our financial system during the worst of the financial crisis. but there's much more work to be done to complete the task of performing wall street and making sure that american investors are better envelopinf and protected going forward and we need to keep track of irresponsible behavior in the financial industry so that taxpayers don't pay the price, i'm absolutely confident that mary jo has the experience and resolve to tackle these complex issue and protect the american people in a way that is smart and in a way that is fair. and i want to thank ellyse

walters who has done an outstanding job holding down the fort as chairwoman. and i expect the senate to confirm mary jo as soon as possible so she can get to work. my second nominee is a familiar face. a year and a half ago i nominated richard cardray to give information the information they need to make sound financial choices and protect them from unscrupulous lenders and debt collectors. attorney general of ohio and long record of working with democrats and republicans on behalf of the american people nobody questioned richard's qualifications. but he wasn't allowed an up or down vote in the senate and i-- as a consequence took action to appoint him on my own and over the last year, richard has proved to be a champion of american consumers. thanks to his leadership, we've made it it tougher for families to be tricked into mortgages they can't afford. we've set clear rules so that responsible lenders know how to operate fairly.

we've launched a know before you owe campaign to help parents of students make senator decisions about paying for college. we've cracked down on credit card companies that charge hidden fees and force those companies to make it it right and through it all richard earned a reputation as a straight shooter and somebody willing to bring every voice to the table in order to to what's right for consumers and our economy. and now, richard's appointment runs out at the end of the year. and he can't stay on the job unless the senate finally gives him the vote that he deserves. financial institutions have plenty of lobbyists looking out for their interests. the american people need richard to keep standing up for them. and there's absolutely no excuse for the senate to wait any longer to confirm. and so, i want to thank mary jo, richard, and their families once again for agreeing to serve and i'd like to invite them to say a few words, starting with mary jo. >> and we will stream that live for you on foxnews.com if

you care to hear the rest of the comments. there you have it, the president nominating mary jo white for sec and richard cordray forbe the protection bureau, not minor cabinet appointments, i was thinking of something else. in any event, foxnews.com if you want. and kelly's court is back in session, on the docket new ways to protect children from predators on the internet. after a decision by a major appeals court that overturned a ban out of indiana. the indiana ban prevented registered sex offenders, registered sex offenders, mind you using facebook or sites known tore free he quented by children and the court of appeals said that was a restriction of free speech and it's too broad and prohibits more speech than necessary to protect children. the law was passed in 2008 to stop registered sex offenders from using those websites where they often go to find

their victims. the fear of course was they would prey on those children through those sites. so did the court get it right? joining me now, mercedes colwin, and arthur aidala. and now, indiana says they like to search online for little children. maybe one of the penalties for being a convicted sex offender, you lost your online privileges, you can still use map quest, you know, you can't go to the sites that children might be on, mercedes. reasonable? >> oh, i cannot believe, shame on the 7th circuit that they actually said that this is an unconstitutional law. it's a compelling governmental interest. everyone says the government says i want to protect children, amen, we all do, what do they say, they say, wait a minute, the internet has become a virtual playground. we're not waiting for the predators to snatch them off the bus line or at the school on the playground. they're on their computers and statistics, one out of five, out of ten children, gets

these types of solicitations a day, that's incredible. and there are other statistics that say there are 5 million sexual predators on the internet every day, so, this is all of this data and god bless the court where the judge said-- the underlying judge said, wait a minute, we've got this issue with this internet we need to protect these children and by the way, mr. john doe that wants access, you have plenty of access on the internet, you can send e-mails, you can still send message boards and games. >> megyn: go to the drudge report, hot air.com, fine. stay off the sites that children like, arthur. >> nobody is disagreeing with anything that mercedes is saying, nobody, not even the court. they're saying you can't cast a wide net. the legislature has to sit down and talk about different-- there are different levels of abbing registered sex offender just like different levels of assault, right, judge kelly. >> megyn: and the sex offenders, we don't need to worry about and they can have

access to children online. >> and there's a difference in assault, if you punch someone and murder them? there is a difference in assault. >> if somebody on the bus puts his hand on somebody's leg. >> megyn: child. >> wait a minute. we're talking about a child here. >> i'm not going to get caught up in the emotion. a former prosecutor and defense attorney, the united states supreme court has ruled na it's based on this precedent from other cases, you can't just -- this is america, you can't just say, you' you're convicted of this crime and-- >> here is the rub, the reasonable time, place and manner restriction and that's where it stands. is it reasonable? absolutely, because there's a group of people that this restricts. do you know how many sex offenders in this country-- registered sex offenders less than 7,000, you've got that. reasonable time place and

manner, there are other website they can use. >> that's not true. >> yes, they can. >> and brought up map quest, the law is any site that someone under 18 may frequent. >> the disclaimer in the law itself, arthur, that permits it to the constitution. if you knowingly actually access this, knowingly or intentionally access a website that has children-- minors on it, and you continue to use it, then you're -- there's a violation, but if you discover there are minors using the internet then you get a pass. that's written in the law. >> so you still have-- >> you can't go on facebook, can't go on linked in. >> yes, you can, linked in is 18 and over. >> megyn: if you commit a crime against a child you lose some rights, i know. >> and they want the courts to give the judges more authority to make the decision on a case by case basis, that's why there are judges up there not computers. the judge can stay in this

case i don't want you to own a computer, which in new york a judge can do. in this case if the violation is minor, i'm limiting you. >> megyn: i can say by the record, i don't like it, but the first amendment is very broad and protective. good debate. coming up, a really nice story about children. [ male announcer ] how about v8 v-fusion. a full serving of vegetables, a full serving of fruit. but what you taste is the fruit. so even you... could've had a v8. i'm up next, but now i'm sging the heartburn blues. hold on, prilosec isn't for fast relief. cue up alka-seltzer. it stops heartburn fast. ♪ oh what a relief it is! cue up alka-seltzer. it stops heartburn fast. and they won't be beginners for long. give a couple beginners a great idea, they'll go to where they can get the skills, the savings, and the supplies they need - to go from beginning... to doing... to beautifully done. more saving.

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>> one american family turning heads today with the powerful act of kindness. it started with what looked like it it could be an e-mail scam. but it's been discovered that an overseas plea for help that landed in their inbox turned out to be the real deal. wait until you hear what this family did. trace gallagher has the story, trace? >> reporter: it's one of those stories that makes you feel kind of selfish and lazy right before, the and the sterling family from blue springs has risen to the challenge got the e-mail thought it was a scam talking about five sublings in peru 9 to 17 who lost their

parents from tuberculosis looking for a new mom and dad. the sterlings had a 17-year-old and 15 month old and through the church found out the e-mail was legit. a fellow member of their children had actually met the kids in peru. listen to mom. >> and it said we want a mommy and daddy and five individuals and beautiful kids and gosh, they're beautiful and somebody with a lot of money should adopt the kids. >> well, instead of a lot of money, it was the sterlings that don't have a lot of money, but met the kids on skype and three brothers and two sisters of course the family fell in love with them, but the year long international adoption process was emotional, it was grueling, it was expensive. and more than once scott and laura sterling were told no, but kept on and they won. here they are again. >> and we went on this crazy journey about two years ago, and more than they will. >> and it more than doubles our family overnight and we

may eat spaghetti, and never buy $100 jeans again who cares? they want a family. >> the 100 jeans are out, but the kids are back in school learning more english every day and they love the wall to wall carting in the house and can't get enough of television and the mom says i want it read to you, the sound of life is different. a lot more loud and crazy, and half english, half spanish and a strange peace among the chaos and the church is helping out a lot with food and as well as helping them fix up the house and in the process of looking for a bigger house to house their seven children they now have. >> megyn: what a beautiful gift they gave the children and i bet it will be returned and how. trace, thank you. >> reporter: sure. >> megyn: great story, good for them. you hear the stories and think somebody else will take care of it, somebody else will a take care of it and one day you realize, i need to take care of it, right? stay with us, we'll be right

back.